The rapid growth of online platforms naturally causes huge disruptions to the
traditional business models in most industries. With such technological
leapfrogging and consumer preference shift being supported by these online
platforms, innovative services and convenience are created but raise big
regulatory challenges.
As such, the incumbent businesses are experiencing
increased competition, shareholder erosion, and spurring business strategies.
Challenges online platforms pose to the regulatory process are antitrust
concerns, data privacy, consumer protection, taxation, and laws relative to
labor, all of which will significantly alter business models currently in place.
This analysis opens up to a delicate balance between fostering innovation at one
end while ensuring fair competition and leading traditional businesses to adapt
to changing circumstances.
Introduction
Indeed, the Internet has transformed the way that people interact with products
and services, mainly through the modes of e-commerce giants, ride-sharing
services, streaming services, and social media networks. Their business models,
driven by technology-driven efficiencies and a wide-reaching network effect,
have redefined an industry group hitherto thought of in terms of traditional
notions of retail, transportation, media, or hospitality industries. This
growth, however, has been accompanied by a host of regulatory challenges that
affect not only the new platforms but also traditional businesses which they
compete with.
These papers review regulatory issues that currently arise for
online platforms and affect the competitive environment by forcing traditional
business models to adapt or otherwise risk becoming obsolete. Our considerations
on challenges regarding antitrust, data privacy, consumer protection, taxation,
and labor regulations are concerted efforts toward an all-round view of the
evolving relationship among new players, online platforms, and old guys,
traditional businesses.
Antitrust and Competition Issues
One of the biggest regulatory challenges faced by online platforms is antitrust
and competition law. Online platforms because they scale so quickly easily take
huge shares in markets, leading to an environment that may become monopolistic
or oligopolistic in nature thereby silencing competition. Amazon, Google, and
Facebook have all faced investigations in more than one jurisdiction over
allegations of abusing their dominance over markets through anti-competitive
conduct like self-preferencing, predatory pricing, and data exploitation.
This disruption was apparently felt the most in retail, media, and
transportation, where traditional businesses tried their best to adapt to the
relatively new business model.
While many smaller brick-and-mortar companies failed to compete with pricing
strategies and reach, this became a cue for regulators to look for measures that
will curb the monopolistic tendencies of such digital giants and encourage a
better competitive environment for traditional players. However, the problem has
been exacerbated with this going on becoming a global activity and the space
technology evolves rapidly and in a very unpredictable manner.
Online businesses live off data; the increasing use of data for targeted
advertising, personalized services, and many other values bestowed to customers
has made it necessary to collect and use personal data to a significant level
that raises big questions of privacy and security. The regulations that have
been enacted, such as the General Data Protection Regulation in Europe and the
California Consumer Privacy Act, are aimed at protecting consumers’ privacy and
giving them more control over their own data.
Traditional businesses that base themselves on lesser data-centric models are at
a competitive disadvantage.
While online platforms rely on millions of pieces of customer data to optimize
services, traditional businesses lack the technological infrastructure and the
capability or do not have the necessary know-how to do the same. Furthermore,
data privacy regulatory interventions compel both online platforms and
traditional businesses to spend on compliance as defined by internal measures
that provide efficient secure data storage and transparent data practices. This
has driven the cost of operations up for traditional businesses, and the
companies may not realize an effective means of conforming to these very strict
standards as do those online business rivals.
Increasingly, online platforms have brought businesses and consumers into
platforms where face-to-face interaction is minimal, and therefore, problems in
terms of transparency, accountability, and consumer protection abound.
Complaints include misleading adverts, fake products, lack of clear pricing
models, and unfair business practices among others. Traditional businesses are
usually on many more contacts with their customers and result in deeper trust
and accountability.
As a reaction to these issues, the regulations have been pushing for tougher
consumer protection laws. This law would ensure that the e-business adheres to
conventional business practices. For example, the “New Deal for Consumers” by
the European Union further enhances conditions transparency, pricing, and
options for redress. While this also acts as a leveler against unfair practices,
it increases pressure on conventional businesses to be equally strict on their
online presence to be effective in their strategies.
Taxation Problems
Taxation is another major regulatory issue in online platforms. Most of the
global leading platform players cross borders, as some of them take advantage of
tax loopholes or enjoy low-tax jurisdictions. This has further led to serious
losses in tax revenues across different countries, and it has sparked debates on
taxes and the equitability of taxation of the digital economy. Responding to
these issues, many countries have introduced or propose the concept of a digital
services tax- specifically, introducing taxes on revenues generated by online
platforms within their borders.
In the case of traditional businesses, which are normally exposed to local tax
regimes, there is a lopsided field between such companies and multinational
digital giants that can minimize their tax liabilities. This has further
worsened competition between online and traditional businesses, and governments
are increasingly working to create a more balanced tax system that ensures a
fair contribution from all players in the market.
Labor Laws and Gig Economy Regulation
Online business platforms, notably those emerging in relation to the gig
economy, raise related labor regulation issues. Uber and DoorDash, among other
companies with a large number of independent contractors, have faced
worker-classification issues, associated benefits, and wage concerns. It has
resulted in increased legislation, for example, California’s AB5, which has
reclassified gig workers as employees who enjoy more protections under the law.
Traditional businesses, especially those that fall within the retail and
hospitality-related sector, are strictly regulated under the law to include
minimum wage law paid by such business firm, employee benefits, and the right to
unionize. The debate regarding regulation of gig economy workers would therefore
touch traditional businesses where the competition for market is fraught due to
having labor with a lower cost.
The regulations could also mean that the online platforms have to change their
respective business models or contracts that could raise costs and shift the
competitive dynamic.
Impact on Traditional Business Models
Regulatory hurdles and obstacles will now directly affect traditional models of
business.
Traditional companies must morph themselves in the following ways:
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